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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 56   View pdf image
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        Defendant knoweth not it not been Made Certaine therefore
        Can have No certaine Answer given thereto. the plaintf.
        goeth further in Said Declaration and Alledgeth that the
        Defendt. did Assume upon himself to pay unto the said
        Plaintf the Sume of 567½lb of tobacco and by the Account
        upon which the Declaration is grounded the whole Sum
        of the particulars therein Contained Amount but to ye.
        Sume of 560½lb of tobacco which is A Manifest Variance
        &ca.    And in Said Account there is diverse Articles over=
        =Charged above What the Act of Assembly and the Assessmt.
        of the Justices of Kent County Court Alloweth Vizt. Wine
        Rum Sydr. &ca. for which reasons the Said defendt. prayeth
        As afd Earle pr defce
           And the Sd defendt: Plaintif by his Attry afd for
        Replication Says that the declaration of the afd
        Edward And the Account thereunto Annexed is Suffici:
        :ent in Law to Cause the Said Defendt. to make answr:
        thereunto and this he is ready to Averr And there=
        :upon prays Judgt. for the debt and Damages to be
        Adjudged unto him    Macklin pr qr.
             Which pleadings and Allegations of the
        Attrys on both Sides being by the Court heard, weighed
        And Maturely deliberated, It by the Court is Considered
        this Seventh day of Aprill Anno Dom 1702 that the
        Said Edward Fry take nothing of his Account afd
        but be in Mercy for his false Clamour And that
        the Said Samuel Tovy, as to the writ afd, go thereof
        without day. And it is likewise Considered the Same
        day and year by the Sd. Court that the Said Samuel
        Recover against the Sd Edward Fry the Sume of
        two hundred and Six ~ ~ ~ pounds of tobacco for
        his Costs and Charges in this behalf laid out and
        Expended According to the form of the Statute
        In Such Cases Made and provided.



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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 56   View pdf image
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